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Article • July 15, 2012
Texas Gang Member Lockdown Without Hearing Upheld by The Fifth Circuit Court of Appeals upheld summary Judgment to prison officials on a Texas prisoner's involuntary administrative segregation claims. In March 2002, Texas prison officials learned that rival Hispanic gangs the Texas Syndicate (TS) and Raza Unida (RU), were planning a …
Gupta v. Cate, CA, Complaint, Race-Based Lockdown, 2012 l 2 3 4 RAJ CHRISTOPHER GUPTA AE9278 CORRECTIONS CORPORATION OF AMERICA North Fork Correctional Facility Building GA, Cell 120 1605 East Main Sayre, Oklahoma 73662 PLAINTIFF, In Propria Persona 5 UNITED STATES DISTRIC' 6 EASTERN DISTRICT OF CALIFORNIA 7 (Sacramento Division) …
Article • March 15, 2012 • from PLN March, 2012
California’s Race-Based Prison Lockdowns Targeted in Class-Action Lawsuit by The Prison Law Office (PLO) has teamed up with the San Francisco-based law firm of Bingham McCutchen, LLP to challenge the official policy of the California Department of Corrections and Rehabilitation (CDCR) to impose blanket race-based lockdowns in response to potential …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Holds Serious Risk to Prisoner’s Health Posed by Year-Long Denial of Outdoor Exercise “Obvious” as a Matter of Law by Michael Brodheim by Mike Brodheim In a 42 U.S.C. § 1983 suit brought by a California prisoner who was denied outdoor exercise for 13 months and 25 days …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Rules Right to Court Access Violated When Lockdown Prevents Prisoner from Researching Issues Related to Direct Appeal by Michael Rigby by Mike Rigby In an amended opinion filed on November 19, 2010, the Ninth Circuit reversed a district court’s dismissal of a prisoner’s claims that 1) his constitutional …
Article • September 15, 2011 • from PLN September, 2011
Canadian Prison Guards Hold Prisoners at Gunpoint for 10 Days by In January 2010, a Canadian prison tactical unit held prisoners at gunpoint during a search of British Columbia’s Kent Institution. “For 10 days, this team followed its own rules of engagement with almost complete impunity,” stated a report by …
Article • July 15, 2011
No Due Process Right In Avoiding Temporary Lock-Up; Unsanitary Bedding Actionable by Brandon Sample By Brandon Sample On April 10, 2008, the U.S. Court of Appeals for the Seventh Circuit affirmed in part and reversed in part the dismissal of a suit challenging a prisoner’s placement in Temporary Lock-Up (TLU) …
Georgia Prisoners Strike for Wages, Better Medical Care and Food by by Naomi Spencer Prisoners at seven Georgia state prisons called a strike on December 9, 2010 to protest against unpaid labor practices, poor conditions and violations of basic human rights. Thousands of prisoners participated in the protest by refusing …
New Jersey Prison Supervisory Officials Found Liable for Prisoner Abuse Claims by Derek Gilna Three prison officials were found liable in abuse claims stemming from a month-long lockdown at Bayside State Prison following the killing of prison guard Frederick Baker in 1997, according to former federal judge John W. Bissell, …
Article • June 15, 2010 • from PLN June, 2010
Ninth Circuit: Race-Based Prison Lockdowns Must Satisfy Strict-Scrutiny Standard by In a ruling with potentially wide-ranging implications, the Ninth Circuit held that race-based prison lockdowns fail to meet the strict-scrutiny standard announced by the U.S. Supreme Court in Johnson v. California, 543 U.S. 499, 505-07 (2005) [PLN, July 2005, p.22], …
Lack of Exercise Claim Survives Motion to Dismiss, but not Summary Judgment by U.S. District Judge William Q. Hayes has denied a Rule 12(b)(6) motion to dismissed filed by California prison officials in a 42 U.S.C. § 1983 action alleging Eighth Amendment violations. Gregory Norwood, a California prisoner, alleged that …
Article • November 15, 2009 • from PLN November, 2009
Divided Ninth Circuit Holds Prison Officials Entitled to Qualified Immunity for Prolonged Deprivation of Outdoor Exercise by A divided Ninth Circuit Court of Appeals held that California prison officials were entitled to qualified immunity for denying outdoor exercise to prisoners during extended lockdowns, when the lockdowns were precipitated by assaults …
Article • November 15, 2009 • from PLN November, 2009
Colorado Officials Increasingly Rely on Lockdowns to Manage Prison Violence by Michael Brodheim According to statistics released by Colorado Department of Corrections (CDOC) Director Ari Zavaras in a briefing to state lawmakers in February 2009, state prisons saw an increase in levels of violence among prisoners in fiscal year 2007-08 …
Article • October 15, 2009
Delaware Prisoners May Sue Over Secure Housing Placement Pending Sentencing by The Third Circuit U.S. Court of Appeals held that three Delaware prisoners who were awaiting trial/sentencing could sue the state for having allegedly improperly housed them in a restrictive Security Housing Unit (SHU). David Stevenson and Michael Manley had …
Violence on the Rise in BOP Facilities by Brandon Sample Killings, assaults and other acts of violence are becoming more widespread in the federal Bureau of Prisons (BOP), as the prison population increases and staff-to-prisoner ratios decline. Fifteen prisoner-on-prisoner BOP homicides occurred in 2008 compared with 12 in 2007. Serious …
Federal Prison Officials Granted Qualified Immunity in Colorado by A federal district court in Colorado has granted qualified immunity to the warden and associate wardens of the United States Penitentiary, Administrative Maximum Unit (ADX) in regards to a lawsuit filed by a federal prisoner. Prisoner Ahmed Ajaj filed suit against …
Entire Texas Prison System Locked Down to Search for Phones; Prison Cell Phone Problem is Pandemic by Matthew Clarke by Matt Clarke On October 20, 2008, Texas Governor Rick Perry placed all 112 prisons and 155,000 prisoners in the Texas Department of Criminal Justice (TDCJ) on lockdown to search for …
Federal "Relation Back" Doctrine Intended To Expand, Not Limit, Prisoners' Rights by New Jersey State prison officials, guards and riot team personnel (defendants) moved for summary judgment dismissal of an amended 42 U.S.C. § 1983 complaint following a 30 day lockdown at the Bayside Prison. The amendment allowed an already …
$1,100,000 Settlement in Juvenile Prisoner Suicide in Union County, New Jersey by $1,100,000 Settlement in Juvenile Prisoner Suicide in Union County, New Jersey On November 15, 2007, Union County settled a lawsuit over the suicide death of a juvenile prisoner at the 42-year-old Union County Juvenile Detention Center (JDC) in …
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